1055 INDEX-DIGEST For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER Pleading Co. v. Gold Car Heating & Lighting Co., 7 F. 1,339,299. Motor-driven car amusement device, (2d) 284. Presence of additional party defendant held not to prevent former decision from being res 1,339,462. judicata.-Id. 1,354,262. 1,373,108. 327 (U.S.D.C.N.J.) As between parties, de- XIII. DECISIONS ON THE VALIDITY, CON- 328. OF PARTICULAR PATENTS. UNITED STATES. DESIGN. if valid, held not infringed (C. C. Process of protecting white shoes A. Pa.) 7 F. (2d) 87. during manufacture, held void (C. Light globe, held valid (C. C. A. N. C. A. Me.) 7 F. (2d) 83. Motor-driven car amusement device, Y.) 7 F. (2d) 837. held valid, but not infringed (C. C. A. Pa.) 7 F. (2d) 87. thin-gage Butt-welding tubing, claims 4, 5, 10, 14, 16, 17, and 19, held valid and infringed (C. C. A. N. Y.) 7 F. (2d) 827. 1,421,237. Sub-grading machine, held invalid (C. C. A. Ohio) 7 F. (2d) 98. 1,435,306. Butt-welded thin-walled tubing, claims 3, 5, 6, and 9, held valid and infringed (C. C. A. N. Y.) 7 F. (2d) 827. 43,459. Necktie, held void (D. C. N. Y.) 7 F. 1,467,468. Flexible bracelet, held not anticipat(2d) 381. ORIGINAL. 787,814. Oil flotation process for separating ores, held not infringed (D. C. Md.) 7 F.(2d) 903. 886,969. Process for heating railway cars, held invalid (C. C. A. N. Y.) 7 F. (2d) 284. 930,527. Automatically adjustable insulator 1,467,959. 1,478,979. house fixture, held valid and in- 1,504,154. 942,699. Bakelite, claims 1, 2, and 4, held not infringed (D. C. Del.) 7 F. (2d) 697. 942,809. Bakelite, claims 1, 5, 6, 7, and 8, held not infringed (D. C. Del.) 7 F.(2d) 697. 943,280. Process of bessemerizing copper matte, held not anticipated, valid and infringed (C. C. A. Del.) 7 F. (2d) 13. 1,071,027. Ice cream cone machine, certain claims held valid and infringed (D. C. N. Y.) 7 F. (2d) 120. 1,088,069. Detonating device, claim 2, held valid and infringed; claims 1 and 4, held not infringed; claim 5, held invalid (C. C. A. Ohio) 7 F.(2d) 92. 1,095,775. Demountable tire carrying rims, claims 1, 2, 6, and 9, held not infringed (C. C. A. Ohio) 7 F.(2d) 24. 1,143,635. Automobile body, certain claims held invalid (D. C. Mich.) 7 F. (2d) 746. 1,180,432. Nonstretching ventilated mattress, claims 2 and 3, held valid and infringed (C. C. A. Cal.) 7 F. (2d) 563. 1,203,295. Can-heading machine, claims 2 and 4, held valid and infringed (C. C. A. Cal.) 7 F. (2d) 314. 1,214,932. Support for a vehicle top iron, claim 4, held invalid (D. C. Mich.) 7 F. (2d) 746. 1,233,714. Seamless stocking having structural variation, held invalid (C. C. A. N. Y.) 7 F. (2d) 1003. 1,255,323. Removable upholstery for vehicles, held not infringed (D. C. Mich.) F. (2d) 746. 1,258,248. Furnace for steam boilers, claims 1 and 3, held not infringed (C. C. A. Pa.) 7 F. (2d) 72. ed, and not clearly wrong (C. C. A. R. I.) 7 F. (2d) 113. Motor-driven car amusement device, held valid, but not infringed (C. C. A. Pa.) 7 F. (2d) 87. System of electrically charged ceiling and floors for transmitting power to amusement vehicles on the floor, held invalid (C. C. A. Pa.) 7 Automobile supports, held not anticiF. (2d) 87. pated, and to involve invention (D. C. Iowa) 7 F. (2d) 710. PAYMENT. 1. REQUISITES AND SUFFICIENCY. 12(5) (U.S.C.C.A.Cal.) Recovery of depositor in German bank properly assessed on basis of exchange at time demand was made. -Miller v. Humphrey, 7 F.(2d) 330. 12(5) (U.S.C.C.A.N.Y.) American depositor held entitled to recover only number of marks of funds in foreign alien enemy depositary bank sued for and agreed upon at rate of exchange Hicks, 7 F. (2d) 443. of date of demand of payment.-Zimmerman v. IV. PLEADING. EVIDENCE, TRIAL, AND REVIEW. giving of negotiable note is discharge of prior 67(4) (U.S.D.C.Mass.) Presumption that indebtedness may be rebutted.-The Yankton, 7 F. (2d) 384. Whether evidence sufficient to meet presumption of payment of prior indebtedness by acceptance of note is question of fact.-Id. 1,275,274. Automobile body, claims 1 and 2, held not infringed; claims 11 and 12, held invalid (D. C. Mich.) 7127(2) (U.S.C.C.A.Iowa) Contention that F. (2d) 746. 1,300,178. Process for production of moving picture text in white letters on black background, held valid (C. C. A. N. Y.) 7 F. (2d) 288. amount required by court order to pay as redemption money was excessive held without merit, in view of allegations in bill admitting such amount to be proper.-Seybold v. Lainson, 7 F. (2d) 362. 129 (2) (U.S.C.C.A.N.Y.) Undenied allegations as to regulations requiring consular visé of passport held to admit existence of such regulations.-American Surety Co. of New York v. Sullivan, 7 F. (2d) 605. V. DEMURRER OR EXCEPTION. 228 (U.S.D.C.La.) Petitioner's allegation to be taken as true on exception of no cause of action.-Jordan v. Frederick Leyland & Co., 7 F. (2d) 386. VI. AMENDED AND SUPPLEMENTAL sence of tax-paid stamps.-Brightman v. U. S., 7 F. (2d) 532. 9 (U.S.C.C.A.Okl.) Presumption arising from possession of drugs rebuttable.-Ezzard v. U. S., 7 F. (2d) 808. Statute making possession presumptive evidence of violation not intended to make criminal innocent possession.-Id. Evidence of unlawful dealing in drugs held insufficient.-Id. POST OFFICE. III. OFFENSES AGAINST POSTAL LAWS. part of scheme to defraud not necessary, if fraudulent scheme has been devised, and mails are used in carrying it into effect.-Morris v. U. S., 7 F. (2d) 785. 236(3) (U.S.C.C.A.Wash.) Refusal to al-35 (U.S.C.C.A.Ark.) Intent to use mails as low trial amendment of answer held not abuse of discretion.-Pacific S. S. Co. v. Sutton, 7 F. (2d) 579. 252(1) properly allowed, relate back to filing of plead-35 (U.S.C.C.A.Neb.) False representations ing.-Interstate Refineries v. Barry, 7 F. (2d) 548. (U.S.C.C.A.Mo.) Amendments, (U.S.C.C.A.Mass.) Failure of trustee under indenture creating pledge to tag property covered until week after execution of indenture immaterial.-Manufacturers' & Traders' Nat. Bank of Buffalo v. Gilman, 7 F. (2d) 94. Indenture held not to constitute valid pledge as to engines not tagged and set apart from other property.-Id. Delivery of marine engines by manufacturer to its manager as trustee for a creditor sufficient.-Id. 25 (U.S.C.C.A.Mass.) Surrender by trustee of key of warehouse in which pledged goods were stored held not to destroy pledge.-Manufacturers' & Traders' Nat. Bank of Buffalo v. Gilman, 7 F. (2d) 94. Possession of receiver not adverse to that of pledgee.-Id. POISONS. in scheme to defraud must have been knowingly false or made with reckless disregard as to truth or falsity.-Corliss v. U. S., 7 F. (2d) 455. Business failure induced by conditions following World War held not to convert enterprise into scheme to defraud.-Id. Violation of statute made out by proof of sale of corporate stock by false pretenses.-Id. 48(4) (U.S.C.C.A.Tenn.) Indictment for fraudulent use of mails held sufficient.-McBryde v. U. S., 7 F. (2d) 466. Specific allegation of knowledge of falsity of representation held unnecessary in indictment for using mails to defraud.-Id. 48 (4) (U.S.D.C.N.Y.) Indictment held to charge offense of using United States mails in furtherance of conspiracy to defraud.-U. S. v. Hecht, 7 F. (2d) 133. 49 (U.S.C.C.A.Neb.) Evidence held to remove from defendants and their agents taint of deliberate intention to make false and fraudulent representations.-Corliss v. U. S., 7 F. (2d) 455. 49 (U.S.C.C.A.Ohio) Income tax letter held irrelevant.-Benham v. U. S., 7 F. (2d) 271. Proof of oral misrepresentations properly received.-Id. 49 (U.S.C.C.A.Okl.) Testimony to finding of articles near place of mail robbery held competent.-Dixon v. U. S., 7 F. (2d) 818. 49 (U.S.C.C.A.Wis.) Evidence as to valuation placed on good will of company controlled by defendant held admissible in prosecution for use of mails in furtherance of scheme to defraud.-Arnold v. U. S., 7 F. (2d) 867. Evidence held sufficient to establish scheme to defraud in prosecution for use of mails in furtherance thereof.-Id. PRACTICE. For practice in particular actions and proceedings, see the various specific topics. PRESCRIPTION. 4 (U.S.C.C.A.Mo.) Druggist filling excessive number of prescriptions for narcotics held See Adverse Possession. not to have violated Harrison Act, though sales were made to known addicts.-Eckert v. U. S., 7 F. (2d) 257. 9 (U.S.C.C.A.Cal.) Indictment for handling opium preparation imported contrary to law held sufficient.-Lee Tung v. U. S., 7 F. (2d) 111. 9 (U.S.C.C.A.Mo.) Charge authorizing conviction if defendant made sale of narcotic drug on day charged, or any other day within three years. held erroneous.-Nigro v. U. S., 7 F. (2d) 553. Charge on object of Anti-Narcotic Law held erroneous.-Id. 9 (U.S.C.C.A.N.Y.) Accused held accessory. Harrison v. U. S., 7 F. (2d) 259. Evidence held sufficient to sustain conviction. -Id. 9 (U.S.C.C.A.Okl.) Presumption of purchase of drugs arises from possession and ab PRINCIPAL AND AGENT. I. THE RELATION. III. RIGHTS AND LIABILITIES AS TO (A) Powers of Agent. 99 (U.S.C.C.A.N.Y.) "Acts within scope of agent's authority" are those usual or proper for accomplishment of end in view.-Burden v. Robertson, 7 F. (2d) 266. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 166(1) (U.S.C.C.A.N.Y.) One may assume contract which he did not originally make, or accept result of act originally unauthorized.Burden v. Robertson, 7 F. (2d) 266. 169(3) (U.S.C.C.A.N.Y.) Conduct of corporation stockholders on report by agent held not ratification of employment of attorneys.Burden v. Robertson, 7 F. (2d) 266. 103(4) (U.S.C.C.A.Wash.) So long as title remains in United States, courts have no jurisdiction of claim against lessee of United States. -Wilson v. Elk Coal Co., 7 F. (2d) 112. 108 (U.S.C.C.A.Mont.) Secretary of Interior held authorized to change classification of lands within railroad grant.-Filcher v. U. S., 7 F. (2d) 519. (J) Patents. 175(2) (U. S. C. C. A. N. Y.) Corporation stockholders adopting acts of agent in employ-10 (U.S.D.C.Wyo.) Filing of adverse reing attorneys held liable for services of at- port on entry insufficient to defeat right to torneys.-Burden v. Robertson, 7 F. (2d) 266. patent.-U. S. v. Bothwell Co., 7 F. (2d) 624. (K) Remedies in Cases of Fraud, Mistake, or Trust. (E) Notice to Agent. 178(1) (U.S.D.C.Minn.) Notice to custodian of securities held not notice to their owner.-Paine v. Trustees of Macalester College, 7 F. (2d) 174. When notice to agent is notice to principal stated.-Id. PRINCIPAL AND SURETY. See Indemnity. V. RIGHTS AND REMEDIES OF SURETY. (B) As to Principal. 174 (U.S.C.C.A.Ohio) Agreement of principal to indemnify surety implied.-Springfield Nat. Bank v. American Surety Co. of New York, 7 F. (2d) 44. 120 (U.S.C.C.A.Mont.) Patent held not subject to cancellation for fraud because of immaterial affidavit.-Filcher v. U. S., 7 F. (2d) 519. Evidence of mistake in classification of land held not sufficient to invalidate patent.-Id. Land at time of classification held not known mineral land.-Id. PUBLIC SERVICE COMMISSIONS. 2 (U.S.D.C.N.Y.) Power of Legislature, to authorize commission to contract as to rates of public utility, limited by considerations that regulation is exercise of police power, and that one cannot control subsequent one in its exercise.-Brooklyn Union Gas Co. v. Prendergast, 7 F.(2d) 628. 1902 (U.S.C.C.A.Idaho) Denial of defend-7 (U.S.D.C.N.Y.) Ascertainment of value ant surety company's motion for directed ver- of utility's property relative to rates matter of dict held under evidence not error.-Fidelity & reasonable judgment on all relevant facts.Deposit Co. of Maryland v. Redfield, 7 F. (2d) Kings County Lighting Co. v. Prendergast, 7 800. F. (2d) 192. Refusal to strike testimony showing that surety company might have obtained payment of certificate not error.-Id. Special power of attorney to brother of plaintiff properly admitted to show absence of knowledge of bank's condition and lack of knowledge that plaintiff assumed primary responsibility on bond.-Id. Permitting testimony as to general reputation of bank for solvency before certificate matured and until it was closed, held without error.-Id. Surety company not relieved by agreement from its failure to exercise diligence as to collateral. Id. Surety company not relieved by agreement from its failure to exercise due diligence as to collateral.-Id. Enhanced cost of construction of plant considered on fair value for rates.-Id. Going concern property for purpose of rate fixing.-Id. 7 (U.S.D.C.N.Y.) Power to contract as to rates must be in express grant.-Brooklyn Union Gas Co. v. Prendergast, 7 F. (2d) 628. Matters to be considered in determining fair value of utility's property as rate base enumerated.-Id. For rate base, value of property in present money to be determined.-Id. 7 (U.S.D.C.Wis.) Commission, in establishing rate base for public utility, must give evidence of reproduction costs dominant, or at least fair, consideration.-Ashland Water Co. v. Railroad Commission of Wisconsin, 7 F. (2d) 924. Backward condition of community service does not warrant commission in refusing to fairly consider evidence of present reproduction cost in fixing rate base.-Id. Decision of commission, fixing rate base on inadequate valuation, cannot be sustained on theory that lower rate of return would be adequate, and would yield approximately same amount.-Id. 22 (U.S.D.C.N.Y.) Fair value of utility's property used and useful in serving public basis for fair return.-Brooklyn Union Gas Co. v. Prendergast, 7 F. (2d) 628. In view of deductions made, absence of finding of depreciation immaterial.-Id. Court's duty to give individual judgment on exceptions to master's findings.-Id. Assessed value for taxation, improperly admitted on determination of rate base.-Id. What defendants may consider effective substitute for property used, where matter of speculation, not considered on rate based.-Id. Items of uncollectible bills and gross earning tax allowed on question of rate.--Id. PUBLIC SERVICE CORPORATIONS. See Electricity; Gas; Railroads. QUIETING TITLE. I. RIGHT OF ACTION AND DEFENSES. 13 (U.S.C.C.A.Porto Rico) District Court of Porto Rico without jurisdiction in equity of suit by plaintiff to establish its title to land in possession of defendant.-San Juan Fruit Co. v. Carrillo, 7 F. (2d) 106. 22 (U.S.C.C.A.Ky.) Legal title essential to sustain suit.-Phillips v. Alma Coal Co., 7 F. (2d) 42. RAILROADS. I. CONTROL AND REGULATION IN 5 (U.S.C.C.A.N.Y.) Railroad company subject to police power.-City of New York v. Davis, 7 F. (2d) 566. 52 [New, vol. 6A Key-No. Series] (U.S.D.C.Wyo.) Federal control does not deprive shipper of right to interest, costs, and attorney's fees in suit for overcharges.Wyoming Sugar Co. v. Davis, 7 F. (2d) 622. V. RIGHT OF WAY AND OTHER INTERESTS IN LAND. der appointing them.-Samuels v. E. F. Drew IV. MANAGEMENT AND DISPOSITION OF (A) Administration in General. 82 (U.S.C.C.A.Mo.) There is a broad distinction between receivers for private and quasi public corporations.-Byrnes v. Missouri Nat. Bank, 7 F.(2d) 978. 90 (U.S.D.C.N.Y.) Powers given by decree to receivers held sufficient to authorize their acceptance of contract of employment cum onere, if they chose to do so.-Samuels v. E. F. Drew & Co., 7 F. (2d) 764. 92 (U.S.C.C.A.N.Y.) Order surcharging receiver with losses sustained in continuing business two weeks after ascertainment of fact of impossibility of operation except under deficit held error.-Kennebec Box Co. v. O. S. Richards Corporation, 7 F. (2d) 290. Order surcharging receiver with certain items as being preferential payments held erroneous. -Id. 96 (U.S.C.C.A.Mo.) Appointment of attorney within the discretion of the court.-Interstate Refineries v. Barry, 7 F. (2d) 548. 96 (U.S.D.C.N.Y.) Employee of company in hands of receiver, working without contract, is entitled to reasonable value of his services.Samuels v. E. F. Drew & Co., 7 F. (2d) 764. 97 (U.S.C.C.A.Mo.) Federal receiver is without power to borrow money unless specially authorized.-Byrnes v. Missouri Nat. Bank, . 7 F. (2d) 978. 75(3) (U.S.C.C.A.N.Y.) New Haven Railroad acquired right from state to operate by electricity without requiring franchise from city.-City of New York v. Davis, 7 F. (2d) 566. Electric cables erected by railroad above street held not illegal, so as to preclude rail-107 (U.S.D.C.N.Y.) When two road from recovering cost of relocation to permit construction of municipal railroad.-Id. Borrowing of money and pledge of assets held unauthorized and invalid.-Id. X. OPERATION. (F) Accidents at Crossings. 304 (U.S.C.C.A.Ohio) When obstruction of highway crossing permissible stated.-Orton v. Pennsylvania R. Co., 7 F. (2d) 36. 309 (U.S.C.C.A.Mass.) Engineer must exercise reasonable care to prevent injury at crossing.-Boston & M. R. R. v. Card, 7 F. (2d) 428. 335 (5) (U.S.C.C.A.Ohio) Negligence of automobile driver held proximate cause of collision with cars on crossing.-Orton v. Pennsylvania R. Co., 7 F. (2d) 36. 345 (3) (U.S.C.C.A.Mass.) Evidence of failure of engineer to blow whistle and sound bell held admissible under pleading.-Boston & M. R. R. v. Card, 7 F. (2d) 428. 347(9) (U.S.C.C.A.Mass.) Evidence of failure of engineer to blow whistle and sound bell held inadmissible to prove engineer's inattentiveness in approaching crossing.-Boston & M. R. R. v. Card, 7 F. (2d) 428. 350 (7) (U.S.C.C.A.Mass.) Engineer's negligence in failing to see and heed signal of truck drivers at crossing held for jury.-Boston & M. R. R. v. Card, 7 F.(2d) 428. mm 350 (13) (U.S.C.C.A.Mass.) Contributory negligence at crossing for jury.-Boston & M. R. R. v. Card, 7 F. (2d) 428. receivers are appointed, all decisions which commit estate to obligation must have concurrence of both to be valid.-Samuels v. E. F. Drew & Co., 7 F.(2d) 764. 207 (U.S.D.C.Cal.) Receivers did not have custody of assets beyond jurisdiction of court appointing them.-Morlan v. Lucey Mfg. Corporation, 7 F. (2d) 494. Receivers appointed in New York acquired no dominion over assets in California by instructions to company's manager.-Id. 209 (U.S.D.C.Cal.) Mutual understanding between representative of California creditors and foreign receivers held not to estop assignee of such representative.-Morlan v. Lucey Mfg. Corporation, 7 F.(2d) 494. Local creditors held not bound by acts of company's local manager.-Id. That creditors knew company's local manager acted as agent of receivers held not to preclude assignee from enforcing his demands against company's property in state.-Id. Agreement of bank with receivers not to subject deposits to its lien held not available to defendant in suit by bank's assignee.-Id. 210 (U.S.D.C.Minn.) May prosecute action beyond jurisdiction of court.-Grover v. Merritt Development Co., 7 F. (2d) 917. RECORDS. See Appeal and Error, 522-714; Criminal For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER REFERENCE. See Arbitration and Award. REMOVAL OF CAUSES. I. POWER TO REMOVE AND RIGHT OF REMOVAL IN GENERAL. 4 (U.S.D.C.N.J.) Stockholder's suit_under state statute held removable.-Klein v. Wilson & Co., 7 F. (2d) 772. 4 (U.S.D.C.N.Y.) Suit for appointment of third arbitrator under arbitration agreement held not of civil nature, within removal statute. -Marchant v. Mead-Morrison Mfg. Co., 7 F. (2d) 511. RETROSPECTIVE LAWS. Action on award is suit of civil nature, and removable, if it is for necessary jurisdictional amount and there is diversity of citizenship. See Constitutional Law, 190-197. -Id. 17 (U.S.D.C.La.) Right of removal from a state court to a federal court can be waived. See Taxation. II. ORIGIN, NATURE, AND SUBJECT OF CONTROVERSY. REVENUE, REVIEW. See Appeal and Error. RIPARIAN RIGHTS. 23 (U.S.D.C.La.) Defendant not prevented See Waters and Water Courses, ~67–77. from removing suit for personal injuries so far as based on tort, even though alternative cause of action was triable only in the state court. RISKS. McLaughlin v. Western Union Telegraph Co., 7 See Master and Servant, 210-217. Suit under Louisiana Workmen's Compensation Law might be removed to federal court, even though procedure in federal court was different than that in state court.-Id. III. CITIZENSHIP OR ALIENAGE OF (A) Diverse Citizenship or Alienage in General. 31 (U.S.D.C.Iowa) Defendants other than receiver of national bank held not nominal defendants.-Consolidated Independent School Dist. of Buffalo, in Kossuth County, Iowa, v. Cross, 7 F. (2d) 491. VI. PROCEEDINGS TO PROCURE AND EF. FECT OF REMOVAL. 82 (U.S.D.C.Iowa) All proper defendants held required to join in petition for removal.Consolidated Independent School Dist. of Buffalo, in Kossuth County, Iowa, v. Cross, 7 F. (2d) 491. VII. REMAND OR DISMISSAL OF CAUSE. 102 (U.S.D.C.La.) Court, should not remand where removability is doubtful.-McLaughlin v. Western Union Telegraph Co., 7 F. (2d) 177. 102 (U.S.D.C.Minn.) Remand not justified unless complaint shows with at least reasonable clearness a cause of action against local defendant.-Leverentz v. Chicago, M. & St. P. Ry. Co., 7 F. (2d) 396. Complaint for death held not to state cause of action against brakeman so as to justify remand of cause to state court.-Id. RULES OF COURT. See Court Rules Cited. SALES. I. REQUISITES AND VALIDITY OF CONTRACT. (4) (U.S.C.C.A.Tenn.) Contract held not indefinite or invalid for want of mutuality.Mills-Morris Co. v. Champion Spark Plug Co., 7 F.(2d) 38. 29 (U.S.C.C.A.Tenn.) Contract held not invalid because of failure to sign duplicate.-Gentile Bros. Co. v. Rose, 7 F. (2d) 879. II. CONSTRUCTION OF CONTRACT.. 71(4) (U.S.C.C.A.Tenn.) Contract held by implication to bind seller to fill orders.-MillsMorris Co. v. Champion Spark Plug Co., 7 F. (2d) 38. 83 (U.S.C.C.A.Pa.) Buyer held not authorized in rescinding contract because single shipment contained more than authorized percentage of inferior goods.-Hartmann-Schneider Co. v. Farish Co., 7 F.(2d) 561. 11I. MODIFICATION OR RESCISSION OF CONTRACT. (C) Rescission by Buyer. 119 (U.S.C.C.A.Pa.) Buyer may reject goods and rescind contract, if goods delivered der Co. v. Farish Co., 7 F. (2d) 561. not of quality provided for.-Hartmann-Schnei IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 102 (U.S.D.C.Mont.) Jurisdiction of fed-176(3) (U.S.C.C.A.N.Y.) Buyer, accepting eral District Court, acquired on removal of cause from state court on ground of separable controversy, not divested by amendment of plaintiff's complaint to exclude separable controversy.-Kline v. Murray, 7 F. (2d) 404. 107(5) (U.S.D.C.Iowa) Removal of cause unauthorized, where record failed to disclose either citizenship or residence of receiver of insolvent bank.-Consolidated Independent School Dist. of Buffalo, in Kossuth County, Iowa, v. Cross, 7 F. (2d) 491. 107(9) (U.S.C.C.A.N.J.) Order refusing to remand cause to state court not appealable.Klein v. Wilson & Co., 7 F. (2d) 777. goods of which delivery was delayed without giving notice of breach, held to have waived breach.-American Mfg. Co. v. U. S. Shipping Board Emergency Fleet Corporation, 7 F. (2d) 565. Four months not reasonable time for notification by buyer of breach in delayed delivery. Id. 182(1) (U.S.C.C.A.III.) Whether defendant had been prevented by third person from performing its contract with plaintiff, within meaning of contract, held for jury.-Wickham & Burton Coal Co. v. Minnesota Coal Co., 7 F. (2d) 873. |